( 1 ) THIS is an application under Order 37 Rule 4 Order 37 Rule 3 (7), Order 9 Rule 13 read with Section 151 of the Code of Civil Procedure (for short the Code ) for setting aside the judgment and decree dated 2nd August, 1982.

( 2 ) PUNJAB and Sind Bank plaintiff/non-applicant on the basis of a prortote for Rs. 55,000. 00 dated 7th February, alleged to have been executed by the defendants, filed on 1st February, 1982 a suit for recovery of Rs 1,33,760. 41 under Order 37 of the Code. Summons in the prescribed form under Order 37 of the Code was issued for 23rd March, 1982. The defendants were not served. Fresh summons were ordered to be issued for 5th May, 1982. The Court in its order dated 18th May, 1982 did not treat the service for 5th May, 1982 as valid. Fresh summons were issued to the defendants for 12th July, 1982 with the direction that, "if the defendants cannot be served personally or they refuse to accept service, service be got effected by way of affixation". It was reported that the defendants were served for 12th July, 1982 by affixation. No application for leave to defend was filed. On 2nd August, 1982 the suit was decreed under Order 37 of the Cod